Caltrans ordered to pay millions to Highway 9 victim's parents

FELTON >> A jury in Santa Cruz has determined that the State of California (Caltrans) is partly culpable for the death of Josh Howard, 22, who was struck and killed by a car while walking home along Highway 9 in 2019.

After four days of deliberation, Howard's parents, Kelley Howard and Dimitri Jaumouille, were awarded $19.25 million in total damages Wednesday by the 12-person jury.

The motorist, Jeremy Shreves, who pled guilty to felony manslaughter charges in 2020, was deemed to hold 51% of responsibility for the plaintiffs' harm or about $9.8 million while Caltrans, who maintains the highway, was assigned 49% or $9.4 million.

“I'm relieved actually,” said Kelley when asked for her reaction to the verdict. She added that the family's goal was not money, but only “to have them (Caltrans) held accountable for the part that they played and have them really understand that changes need to be made and hopefully now they'll have that pressure.”

Until those changes manifest, Kelley hopes families in the San Lorenzo Valley will make a safety plan. There are now two “alternate route” signs with directional arrows posted at the scene of the incident in Felton, close to San Lorenzo Valley High School. They include inscriptions that read “In memory of Josh Howard” and Kelley hopes parents in the area will talk to their children about the real dangers of the highway.

“Until Caltrans addresses the issues and makes this roadway safer, please take those alternate routes that maybe most people I think were unaware of,” said Kelley. “(The alternate route) is just a safer route. I really want that to be known.”

In an email to the Sentinel, Caltrans Public-Legislative Affairs Manager Jim Shivers wrote that “Caltrans extends our sympathies to the family of Josh Howard for their tragic loss.”

He added that Caltrans is “considering the verdict and determining next steps. Caltrans remains committed to the safety of all travelers while protecting and maintaining California's highway infrastructure.”

Howard had just finished a shift at Castelli's Deli and was walking south along the highway's shoulder when he was hit from behind about 400 feet north

of where Highway 9 intersects with Graham Hill Road. Dana Scruggs, the plaintiffs' lawyer argued during final statements last week that community members have been submitting complaints about the safety of Highway 9 for 34 years. He also said the 3-foot shoulder where Howard was hit, which runs up

against a series of concrete retaining walls, was substandard according to Caltrans' own building codes at the time.

Defense lawyer Shelby Davitt countered by placing the blame for the incident entirely in the hands of Shreves. She argued that millions of cars pass through that roadway every year without hitting a pedestrian and, therefore, it is perfectly safe when drivers use “reasonable care.” Plus, she claimed,

the complaints Scruggs referenced were broadly about Highway 9 and not the section where Howard was hit and as a result, should not be considered sufficient notice.

Though not all votes were unanimous, the jury concluded that the section of roadway where Howard was hit was dangerous; the risk was foreseeable; Caltrans had sufficient notice of the dangerous conditions; the conditions were a factor in causing Howard's

death; its lack of action to provide protections was unreasonable; and that Shreves' negligence was also a substantial factor in causing Howard's death.

Kelley says the issue is still very much present in the community and it causes her to fear the worst.

“I still see kids walking down Highway 9 and it brings back memories,” said Kelley. “It's scary to me. It's just hard to see.”